Ensuring National Minorities’ Interests while Establishing Electoral Boundaries in Ukraine: The Example of the Hungarian National Minority

2019 ◽  
Vol 26 (3) ◽  
pp. 484-501
Author(s):  
Halyna Dovhan
Keyword(s):  
Law Enforcement ◽  
International Organizations ◽  
National Minority ◽  
Parliamentary Elections ◽  
Electoral District ◽  
National Minorities ◽  
The Subject ◽  
The Law

This article concerns ensuring national minorities’ interests while establishing electoral boundaries in Ukraine. Special attention is paid to the areas with a concentrated minority settlement. A Hungarian national minority resident in Transcarpathia is the subject of the research. Among the three basic laws of Ukraine that regulate presidential, local and parliamentary elections, only the law regulating parliamentary elections complies with the international requirements regarding the consideration of national minorities’ interests during delimitation of electoral borders. An electoral district in which majority of voters were Hungarians had been established before the 1998 parliamentary elections. But later, the Hungarian community was divided between three constituencies. Some comments and recommendations from the reports of observers from different international organizations have been elucidated. A review of law enforcement practice revealed that the long-lasting problem concerning the drawing of electoral boundaries in Transcarpathia has not yet been solved.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

scholarly journals Evolution of Legal Consolidation of Language Policy of Russian Empire on Ukrainian Provinces in XIX – early XX Century

2020 ◽  
Vol 91 (4) ◽  
pp. 15-26
Author(s):  
O. V. Shevchenko
Keyword(s):  
Law Enforcement ◽  
Language Policy ◽  
Russian Empire ◽  
National Minority ◽  
Minority Languages ◽  
Successful Implementation ◽  
Linguistic Minorities ◽  
Legal Analysis ◽  
The Past ◽  
National Minorities

The need to create an effective mechanism to ensure the implementation of language policy by our state has been increased at the present stage of the development of Ukraine and its legal system. It, on the one hand, will ensure the revival and spread of the Ukrainian language, and on the other will allow the development of national minority languages in accordance with the European Charter for Regional or Minority Languages (1992), the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992), the UN Resolution on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1995), The Oslo Recommendations on the Language Rights of National Minorities (1998) and other existing international legal acts. Historical experience can significantly help the successful implementation of measures aimed at improving the effectiveness of domestic legislation in this area. It will allow us not to repeat the mistakes of the past and take into account and use the positive developments. Unfortunately, domestic practice demonstrates a clear lack of attention to the study and use of such experience. The purpose of the article is a comprehensive historical and legal analysis of the processes of legal consolidation and implementation of the language policy of the Russian Empire on the Ukrainian lands in the XIX – early XX centuries. In accordance with the purpose, the following tasks have been formulated: to consider how the imperial language policy has evolved, aimed at narrowing the scope of using the language of the Ukrainian people for assimilation, to emphasize the role and significance of the legal component in these processes that was expressed in the legislation and law-enforcement activity of the relevant state authorities. Scientific novelty is manifested in the fact that this article is one of the first scientific works, where the problems of legal consolidation of Russification language policy on the Ukrainian lands during the past and the beginning of the last centuries are studied according to the latest methodological positions, based on a comprehensive analysis of existing scientific literature, regulatory and law-enforcement acts, as well as other historical and legal sources. The author of the article has emphasized that the tsar pursued a policy of incessant formal and legal restrictions on the Ukrainian language during this period. It has been claimed that during the 60-80s of the XIX century there was the legislative consolidation of that policy. The author has determined the purpose of the imperial government – to limit the scope of use of the Ukrainian language in order to prevent it from becoming a key element in the creation of Ukrainian identity.

Book I Diplomacy in General, 3 Introduction to International Law

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Comprehensive Account ◽  
The Subject ◽  
The Law

This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.

scholarly journals Judicial Decisions on the Law of International Organizations

2016 ◽  
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
International Affairs ◽  
Judicial Decision ◽  
Judicial Decisions ◽  
Institutional Structures ◽  
Domestic Courts ◽  
The Subject ◽  
The Law

Concomitant with the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. While there are several textbooks introducing the law of international organizations, the judicial treatment of this sub-field of international law has not been given the attention due to it. This book contains excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, as well as comments thereto. The book contains case-notes regarding about fifty judicial decisions of international and domestic courts. Each case-note consists of five sections, discussing (1) the relevance of the case, (2) the facts, and (3) the legal question; giving (4) a relevant excerpt of the judicial decision; and (5) commenting on the decision. The commentaries are written by leading experts, both scholars and practitioners. The book is divided into seven parts, which correspond to classic categories of international institutional law: (1) legal status (personality), (2) legal powers, (3) institutional structures and position of members, (4) legal acts, (5) obligations, (6) responsibility and accountability, and (7) immunity.

scholarly journals THE SUBJECT AREA OF INFORMATIZATION OF COURT DECISIONS

2021 ◽  
pp. 462-487
Author(s):  
S. B. Polyakov ◽  
◽  
I. A. Gilev ◽  
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Object Oriented ◽  
Law Enforcement Officers ◽  
Subject Area ◽  
Object Oriented Programming ◽  
Court Decisions ◽  
Legal Method ◽  
The Subject ◽  
The Law

Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to facilitate law enforcement, and challenges the myths about the robot judge. Purpose: to determine the possible types of software to be developed in accordance with the types of law enforcement operations, provided that the discretion function remains with law enforcement officers; to determine the directions of the formalization of law enforcement operations and the possibilities of gradual transfer of some of them to artificial intelligence. Methods: the universal dialectical-materialistic method, employed when converting the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process, the formal-legal method – for converting the requirements of law and legal science to law enforcement into software commands for the judge and the parties to the case; the object-oriented approach to modeling; the object-oriented programming methodology, a relational approach to database design. Results: the ‘Laser-IPGPK-2020’ computer program contains a sequence of law enforcement operations and rules for their execution, the multiplicity and complexity of which exceeds the capabilities of most law enforcement officers. This program is designed to prevent law enforcement errors resulting from the limited human capabilities with regard to retaining knowledge of the multitude of rules of law enforcement operations, and to obviate the expenditure of time required for each individual judge to solely produce a reasoned decision in a case. Conclusion: the selection and development of particular IT solutions to be applied in law enforcement practice when solving legal cases are determined by the analysis of the law enforcement process, which is the subject area of the program.

scholarly journals NOVELS OF CRIMINAL LEGISLATION IN THE CONDITIONS OF PANDEMIA

2020 ◽  
Vol 30 (4) ◽  
pp. 541-553
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Well Being ◽  
Main Research ◽  
General Scientific ◽  
The Subject ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

The relevance of the chosen topic is caused by changes in the current Russian administrative and criminal legislation in connection with the spread of a new coronavirus infection. Based on specific examples, the authors confirm that, in various constituent entities of the Russian Federation, a diverse practice of the application of such norms is emerging, which leads to the lack of a uniform application of the law. The subject of the study is legislative, doctrinal, interpretative provisions, as well as judicial investigative practice, reflecting the specifics of applying the law in the field of protecting citizens from the threat of the spread of infectious diseases. The purpose of the study is to analyze legislative novels and develop scientifically sound provisions to improve existing legislation and law enforcement practices in the field of counteracting encroachments in the field of sanitary and epidemiological welfare of the population. The main research method is the dialectical-materialistic method of cognition, which allows you to objectively and comprehensively consider the problems of legal assessment of offenses in the field of ensuring the sanitary and epidemiological well-being of the population. Along with it, general scientific research methods were used: analysis, synthesis, deduction, induction, abstraction; special research methods were used: formal legal, interviewing. The work provides a detailed critical analysis of the composition of administrative offenses and crimes in the field of sanitary and epidemiological welfare of the population, explores the most important issues for law enforcement. In addition, the authors propose measures to improve legislation in this area. The criminological risks of introducing a system of immune passports are studied. The scientific novelty of the study is evidenced by the main conclusions and conclusions reached by the authors, containing recommendations for improving legislation in this area and the practice of its application. The independence of the conclusions made is confirmed by a comprehensive approach to the study of new norms of the current administrative and criminal legislation, as well as materials of judicial investigative practice.

scholarly journals THE OBJECTIVE SIDE OF MISUSE OF BUDGET FUNDS, IMPLEMENTATION OF BUDGET EXPENDITURES OR PROVIDING CREDITS FROM THE BUDGET WITHOUT OR EXCEEDED BUDGET PURPOSES

2021 ◽  
pp. 492-509
Author(s):  
D. Shyian ◽  
O. Shyian
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offense ◽  
Active Behavior ◽  
The Subject ◽  
The Law ◽  
Local Budget ◽  
Objective Side

The article deals with the analysis of scientific views, theoretical provisions and legislation, examines the objective side of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with its excess. It is proposed to leave part 1 of Art. 210 of the Criminal Code of Ukraine, a socially dangerous act in the form of misuse of the relevant funds as the most common in law enforcement, as well as expanding other forms, replacing them with a socially dangerous action in the form of another expenditures of the relevant budgets or funds. Since inter-budgetary transfers are de jure not included in budget expenditures, it is proposed to add to the name and disposition of Part 1 of Art. 210 of the Criminal Code of Ukraine, an indication of a socially dangerous act in the form of their implementation. As a result of the study, the authors come to the conclusion about the further actualization of the problematic of the objective side of the criminal offense provided for in Art. 210 of the Criminal Code of Ukraine. It is supported the proposal to cover the analyzed criminal law prohibition and other budget violations close in public danger to those directly named in Art. 210 of the Criminal Code of Ukraine to budget violations. It is proposed to determine the objective side of Part 1 of Art. 210 of the Criminal Code of Ukraine in the form of a socially dangerous act in the form of an action: misuse of funds, other expenditures of state or local budgets, or state or local extra-budgetary funds, or the implementation of an inter-budgetary transfer committed contrary to the law or a decision on the local budget. Considering that the analysis of the forms of committing a criminal offense under Art. 210 of the Criminal Code of Ukraine, testifies that it can be committed only in the form of active behavior of the subject of a criminal offense, it is proposed in Part 2 of Art. 210 of the Criminal Code of Ukraine to replace the instruction from an act with an action.

The Law of Treaties

2012 ◽  
Author(s):  
Antonio Remiro Brotons
Keyword(s):  
International Organizations ◽  
Material Objects ◽  
Interstate Relations ◽  
Scope Of Application ◽  
The Subject ◽  
International Responsibility ◽  
State Succession ◽  
The Law ◽  
Political Communities ◽  
Domestic Law

The Law of Treaties is a set of international and national rules that governs the life of treaties from their formation to termination, passing through all their effects and disturbances. The majority of international rules have been codified by conventions of universal vocation, the most important of which is the Convention on the Law of Treaties concluded between states (Vienna, 23 May 1969). The content of the convention is comprehensive but not exhaustive. It covers only interstate relations and excludes issues such as the international responsibility for noncompliance, the effects of the outbreak of hostilities, and state succession in respect of treaties. The conventional relations between states and international organizations and between different international organizations are regulated by the convention of 21 March 1986, which conforms to the 1969 convention. Besides, the succession of states in respect of treaties is the subject of the convention of 23 August 1978. Customary rules are applicable to all issues that fall outside the scope of application of these conventions. The dispositive character of a number of international norms and their references to domestic law explain the existence of numerous national provisions applicable to treaties. Treaties have existed since political communities have been willing to interact peacefully and are the best sources of rights and obligations. The coexistence and cooperation among international subjects rests substantially upon them. The progressive expansion of their material objects has been accompanied by a growing technical complexity.

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

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